Find concensus on chief justice - CBC

2011-08-19 20:01

Cape Town - The Cape Bar Council (CBC) has urged the Judicial Service Commission (JSC) to seek consensus on candidates for the position of chief justice.

The office of chief justice was an extremely important part of South Africa's judicial system and hierarchy, council chairperson Alasdair Sholto-Douglas said in a statement on Friday.

"The CBC accordingly calls upon the JSC... to canvass and consider the views of all interested parties so as to ensure that its recommendations to the president reflect the broadest possible consensus on all candidates for the position of chief justice who will best enhance the standing and deliberations of the Constitutional Court and carry out the functions of chief justice with independence, integrity, and wisdom," he said.

The JSC will meet in Cape Town on Saturday to discuss procedure in the consultation process over President Jacob Zuma's nomination of Judge Mogoeng Mogoeng as the next chief justice.

Business Day reported on Friday that depending on the outcome of its debate, the meeting could see the JSC calling for public nominations for other candidates for chief justice or the JSC itself recommending a candidate to the president.

On the other hand, the commission could decide that its role is limited to publicly interviewing the president’s choice, the newspaper reported.

JSC spokesman Dumisa Ntsebeza was not immediately available for comment.

Zuma nominated Mogoeng on Tuesday to replace former chief justice Sandile Ngcobo, whose term of office expired on Sunday.

In terms of the Constitution, Zuma has to appoint the chief justice after consultation with the JSC and leaders of parties represented in the National Assembly.

  • Komasa - 2011-08-19 20:14

    CBC if Mogeong cannot carry out the functions of chief justice with independence,integrity and wisdom give us the reasons why, because in terms of the constitution consultation takes place after the nomination and before the appointment.

      Grant - 2011-08-19 21:39

      Duh! That is why they are trying to ensure there is consensus in consultation prior to the appointment taking place. The key word being consensus - a procedure that the president does not seem to understand to be a necessary requirement before making appointments. If its proof you want of this assertion, please refer to the recent attempt at re-appointing Sandile Ngcobo. Zuma cannot expect to always get what Zuma wants, that would be a dictatorship, not democracy - although democracy appears to be a notion increasingly alien to the ANC. Thank God we have the con-court - even if this organization is increasingly frustrating government.

      Monica - 2011-08-19 22:26

      I do not know; our coountry is riddled with crime and people in Parliament are becoming "instant milionares" You tell me why are the Municipalities in Gauteng is bancrupt when the head earns more than R100,000 per month. The ANC do not know how to work with money as they have only in "apartheid dae" killed whites because they were brougt up like that. Then Madiba became President to unite the people of the country; rigt now te ANC are thieves and stel tax payers funds! When is this going to stop and the thieves must go to jail!

  • Monica - 2011-08-19 22:16

    Whom can be appointed; I suppose no other person that will hide the crime of ANC Parliament. Any suggestion?

  • Mandla - 2011-08-20 02:47

    Its good to critise,but critisism without solution are meaningles.I think people should have told those learned lawyers to stop Judge Ngcobo petitioning.I think this should have done more good than harm.The ANC should use its majority in parliament to change the constitution to avoide all these level headed people in challenge the gorvenmant through the courts.

  • embargo - 2011-08-20 09:10

    Chief Justice should be a nomination per record done within the Judiciary, having legal qualification/s and a minimum 4 plus years court duty experience, unblemished as per the laws prescriptive, ensuring said individual has conformed with the SA law society's as well as accepted general public "Code of Conduct" applicable throughout the industry has been upheld. Persons doing duty in Concourt who do not have law qualifications and court sitting experience, should serve a secondary role contributing information and business logic contributions as well as voting/veto rights for a more balanced by economic reasoning decision being determined.

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